The Coming and Going Rule

The Coming and Going Rule

Workers’ compensation laws in New Jersey are intended to protect individuals who are injured in the course of their employment. Many questions have been raised regarding what exactly counts as the “course of employment” for the purposes of workers’ compensation coverage. One common question is whether an employee is protected while they are on their way to work or while they are heading home from work.

The NJ statute that controls such situations is commonly referred to as the coming and going rule. The following are some main points of this law:

  • Employment starts when the employee reports for work at the location of employment.
  • Employment ends when the employee departs from the place of work.
  • When an employee is required by the company to work somewhere away from the typical location of employment, they are covered as long as they are performing duties for the purposes of the employer.

Under this rule, employees cannot receive benefits for injuries incurred while they are on their way into work or after they left for the day. This does not change even if the employee works at different locations. Anytime they are traveling to a location prior to or after work, they no longer have workers’ compensation coverage. Travel to work for the day at a different work site is still considered to be travel to work that is outside the scope of employment.

The situation changes, however, if the employer requires the employee to travel while on the job. For example, if an employer requests that an employee make a delivery and the employee is in an accident during the delivery, any subsequent workers’ compensation claim should likely be granted. In this situation, though the employee was traveling, they were doing so under the direction of their employer as part of their job. However, many employers will attempt to deny a claim based on the coming and going rule and the employee will have to fight for their legal rights.

Call 201-498-9768 today for more information.

Workers’ compensation claims can be more complicated than you may imagine. Many injured workers find themselves facing a dispute if their claim is unexpectedly denied – either completely or in part. The Law Office of John L. Schettino is committed to standing up for the rights of injured workers to ensure they receive all of the benefits they deserve under New Jersey law. If you have suffered a work-related injury, please do not hesitate to contact our workers’ comp attorney for a consultation as soon as possible.